Inheritance Distribution
| Fatwa #924 | Category: Inheritance | Country: Zambia | Date: 20th September 2023 |
| Fatwa #924 | Date: 20th September 2023 |
| Category: Inheritance | |
| Country: Zambia | |
Question
Assalaamualikum
Mufti saheb
We have a house worth $150,000.
The house is on three brothers and their mother’s name.
The house was given to the three brothers only as a deed of gift by their father before his demise.
Mother also passed away after 40 days of father’s demise
The brothers have two sisters who are married and well settled.
How much should the brothers give to the sisters from from the $150,000 house in terms of money?
Jazaakallahukhaira
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
| DISCLAIMER |
| • The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
•Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused. •This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa |
According to the Shar’i Laws of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the estate after debts and funeral expenses, have been settled. Thereafter, all assets form part of the net estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
Considering the fact that the mother passed away shortly after, and the current situation being such that there are no other heirs besides the 3 sons and 2 daughters, the entire estate of the father will be divided into 512 shares and distributed as follows:
| Heir | Share | Percentage |
| Son 1 | 128 | 25% |
| Son 2 | 128 | 25% |
| Son 3 | 128 | 25% |
| Daughter 1 | 64 | 12.5% |
| Daughter 2 | 64 | 12.5% |
| Total | 64 | 100% |
As for the deed of gift, in principle, for a gift to be valid, it is necessary that the giftee takes possession of the gifted item in such a manner that the giftor no longer holds any claim over the item and all benefits and costs pass from the hands of the giftor into the hands of the giftee.
Therefore, if the gift (of the house and property) was completed in this manner, it will belong to the 3 sons and will not form part of the estate. They shall be required to produce proof of such a gift should any heir challenge the notion.
However, if their only claim to this gift is the fact that their names are on the deed, then this will not be classified as a gift and the entire estate of the late father must be divided as per the shares above.
Accordingly, it is necessary that the house and property be valued by a trusted third party (preferably someone astute in real estate) and the value of the property be set.
If the brothers wish to purchase the house and property at that value, they may do so and pay off their sisters in proportion to their percentage shares. All heirs may agree amongst themselves with regards to a suitable value.
Alternatively, the property is to be put on the open market and once sold, the proceeds will be divided according to the shares above.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad IV Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia